A. Right To Discontinue: The City shall at all times have the right to discontinue service to a customer for any one or more of the following reasons or conditions:
1. Use of water or sewer service with intent to defraud the City of payment for all or part of sums due City for such use;
2. Use of water or sewer service in an illegal manner, for furtherance of an illegal purpose, or for any purpose other than that described in the application;
3. Resale or redistribution of water;
4. Molesting or tampering with any service connection, curb stop, meter, meter seal, sewer or other property of the City;
5. Continued vacancy of premises;
6. Nonpayment of any charge for any service rendered to the customer, including, but not limited to, all charges as set forth in this chapter;
7. Refusal of reasonable access to the premises for purpose of inspecting, reading, repairing or removal of services;
8. Violation or refusal to comply with any applicable provision of these rules, regulations and conditions of service. In this regard violation of any provision of this title, including, but not limited to, all provisions concerning use of public sewers and connection of suitable toilet facilities thereto, can, at the option of the City, result in discontinuance of water service as set forth in this chapter;
9. Failure to repair any defect or leak in service pipe within five (5) days after discovery.
B. Procedures: The City Clerk, or other authorized City officer, shall follow the following guidelines in terminating water service due to nonpayment or other violation of the provisions of this title:
1. If a bill or charge is not paid in full within ten (10) days after the due date, a letter communicating the delinquency in addition to any other current bill owed to the City will be sent by regular U.S. mail to the address of the premises as set forth in the City water records. This notice shall inform the property owner or the customer, whichever the case might be, of the amount due. This payment is due within seven (7) business days from the notice being sent or the water can be shut off without further notice.
2. The notice sent to the property owner or customer shall inform the owner or customer of their right, if they so request, to a hearing before the City Sewer and Water Commissioner or his or her designee by phone or in person, prior to the water being turned off. The owner or customer will need to make accommodations to be present for a hearing at the time set forth by City Sewer and Water Commissioner or his or her designee. No exceptions or continuances will be allowed. The party requesting the hearing must provide valid and correct contact information.
3. The hearing will be an opportunity for the property owner or customer to apprise the City Sewer and Water Commissioner of any extenuating circumstances preventing the owner or customer from making a timely payment. Such hearing will normally be held by phone but can be done in person, if requested. After a hearing, the City Sewer and Water Commissioner or designee will determine whether termination of service is proper, whether forbearance of termination of service is proper, or whether such circumstances warrant financial accommodation for the property owner or customer. In the event financial accommodation is determined advisable, such matter will be brought before the full Council for a resolution to be passed by the majority.
4. Payment of any past due bill must be made in full unless indicated otherwise by a full resolution passed by the City Council. No installment payments will be accepted.
5. In the event of a reconnection of service after service discontinuance due to any of the reasons or conditions set forth in subsection A. of this section, a seventy five dollar ($75.00) reconnection fee shall be paid prior to reconnection for the first violation of subsection A. In the event reconnection is required for a user within the calendar year from such first violation, the reconnection fee will be one hundred dollars ($100.00) and will continue be to one hundred dollars ($100.00) for every subsequent violation thereafter. (Ord. 544, 4-14-2008; amd. Ord. 760, 1-28-2019; Ord. 770, 9-23-2019)